HC pulls up Punjab Govt over Malerkotla Hospital facilities, imposes penalty

According to The Indian Express, a division bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry was hearing a Public Interest Litigation (PIL) related to vacancies, infrastructure, and compliance with national healthcare standards in government hospitals across the state. The judges noted that the additional affidavit submitted by the state on September 10 failed to provide crucial information required under the Indian Public Health Standards (IPHS).

The court sought clarification on the government’s decision to outsource diagnostic services such as CT scans to private firms under the public-private partnership (PPP) model. Chief Justice Nagu remarked that offering essential healthcare services is a “sovereign duty” of the state and cannot be entirely handed over to private facilities. “Why entrust a private person with this job? It’s your sovereign function,” the chief justice remarked, asking the state to explain its rationale and the relevant norms supporting the decision.

The Punjab Health Systems Corporation had reportedly signed a decade-long agreement with Krishna Diagnostics in April 2021 to offer radiology and diagnostic services as part of a public-private partnership. The bench, however, pointed out that according to IPHS guidelines, CT scan facilities are mandatory for hospitals with 200 or more beds and desirable for those with fewer. The state’s counsel argued that the Malerkotla District Hospital had 130 beds, making the facility “desirable” rather than “mandatory,” reports the Daily.

The judges noted that the affidavit did not clearly mention the hospital’s bed capacity or explain the distinction between “essential” and “desirable” facilities under the health ministry’s framework. Finding the affidavit lacking, the bench returned it to the state with permission to file a detailed version clarifying the hospital’s bed strength, the availability or outsourcing of CT and MRI services, and adherence to IPHS norms.

While the government’s counsel sought reconsideration of the penalty, citing that the affidavit was filed in good faith and that supplementary data on bed strength and facilities had been furnished, the bench declined to revoke the fine, maintaining that incomplete filing has delayed the whole process and hence, the Rs 10,000 penalty would remain. The court will take up the case again in the second week of November.